DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
The claims contain minor informalities.
In claim 35, the language “… operating with the processor the light assembly to selectively emit light of a color based on [[a]] the commanded vacuum level …” should be changed for clarity.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 21 calls for “…to selectively emit light of a color based on the commanded vacuum level.” There is insufficient antecedent basis for this limitation in the claim. The claim describes “… drawing with the suction pump a vacuum on the waste canister …” but does not explicitly describe a commanded vacuum level.
Claims 22-34 are rejected for depending on a rejected parent claim.
Double Patenting
Lalomia; Brent S. et al. (US 11130089 B2) is relevant to the claimed invention and claims a waste collection unit (claim 1). However, Lalomia does not claim a display panel and a light assembly separate from the display panel. Therefore, Lalomia is not cited in a double patenting rejection.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claim 21 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 2 and 6 of Reasoner; Stephen J. et al. (US 10420865 B2).
Regarding pending claim 21, Reasoner claims substantially all limitations in patented claims 1, 2 and 6, namely a waste collection unit configured for operating (claim 1. A waste collection unit);
including a waste canister (claim 1, at least one canister);
a manifold receiver (claim 1, a manifold receiver comprising an opening in fluid communication with said at least one canister);
a suction pump, a vacuum regulator (claim 1, a vacuum regulating assembly for regulating a vacuum drawn on said at least one canister; claim 6, further comprising a suction pump with said vacuum regulator);
a vacuum sensor (claim 2, further comprising: a sensor connected to said at least one canister for measuring the level of vacuum draw on said canister);
a display panel, a light assembly separate from the display panel, and a processor (claim 1, a display panel on which information is presented … a light assembly separate from said display panel … and a processor);
a method comprising: receiving a manifold within the manifold receiver to establish fluid communication between the manifold and the waste canister (claim 1, a manifold receiver comprising an opening in fluid communication with said at least one canister and configured to receive a manifold);
drawing with the suction pump a vacuum on the waste canister (claim 6, further comprising a suction pump with said vacuum regulator configured to selectively connect said at least one canister to said suction pump);
measuring with the vacuum sensor a vacuum level of the vacuum drawn on the waste canister (claim 2, further comprising: a sensor connected to said at least one canister for measuring the level of vacuum draw on said canister);
receiving with the processor a vacuum level signal from the vacuum sensor that is indicative of the measured vacuum level; and operating with the processor the light assembly positioned adjacent the manifold receiver to selectively emit light of a color based on the commanded vacuum level (claim 2, wherein said processor is configured to regulate a specific color of light emitted by said light assembly or a specific pattern of light emitted by said light assembly as a function of either the measured level of the vacuum draw on said at least one canister or the commanded level of the vacuum draw).
Reasoner does not explicitly claim a method of operating a waste collection unit. However, Reasoner’s claims describe how the waste collection unit operates during routine use. A skilled artisan would have been able to perform the claimed method by operating Reasoner’s waste collection unit according to patented claims 1, 2 and 6.
Claim 35 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 2 and 6 of Reasoner; Stephen J. et al. (US 10420865 B2) in view of Ueki; Masaru et al. (US 20140336453 A1).
Regarding pending claim 35, Reasoner claims substantially all limitations in patented claims 1, 2 and 6, namely a waste collection unit configured to operate (claim 1. A waste collection unit);
including a waste canister (claim 1, at least one canister);
a pressure sensor (claim 2, further comprising: a sensor connected to said at least one canister for measuring the level of vacuum draw on said canister);
a suction pump (claim 1, a vacuum regulating assembly for regulating a vacuum drawn on said at least one canister; claim 6, further comprising a suction pump with said vacuum regulator);
a display panel, a light assembly separate from the display panel, and a processor (claim 1, a display panel on which information is presented … a light assembly separate from said display panel … and a processor);
a method comprising: receiving on the display panel an input of a commanded vacuum level (claim 1, a display panel on which information is presented regarding at least one of a measured level of vacuum draw on said at least one canister and a commanded level of the vacuum draw);
drawing with the suction pump a vacuum on the waste canister (claim 6, further comprising a suction pump with said vacuum regulator configured to selectively connect said at least one canister to said suction pump);
measuring with the pressure sensor a vacuum level on the waste canister (claim 2, further comprising: a sensor connected to said at least one canister for measuring the level of vacuum draw on said canister);
receiving with the processor a vacuum level signal from the pressure sensor that is indicative of the measured vacuum level; and operating with the processor the light assembly to selectively emit light of a color based on a commanded vacuum level (claim 2, wherein said processor is configured to regulate a specific color of light emitted by said light assembly or a specific pattern of light emitted by said light assembly as a function of either the measured level of the vacuum draw on said at least one canister or the commanded level of the vacuum draw).
Reasoner does not explicitly claim a method of operating a waste collection unit. However, Reasoner’s claims describe how the waste collection unit operates during routine use. A skilled artisan would have been able to perform the claimed method by operating Reasoner’s waste collection unit according to patented claims 1, 2 and 6.
Reasoner does not explicitly claim a step of displaying a colored image on the display panel indicative of a commanded vacuum level.
Ueki discloses a pressure sensor mounted on an endoscope (¶ [0001], [0007], [0046] FIG. 1 shows an endoscope device 1 … The insertion unit 9 has a pressure sensitive unit 15);
comprising a display panel configured to display a colored image indicative of a commanded vacuum level (¶ [0046], a monitor 7 for displaying an image; ¶ [0066], Examples of the alarm display method include a change in the color or luminance of the screen and display of characters or symbols on the screen. The notification method may be transmission of a notification only when a high pressure exceeding a reference value is applied, or real-time display of the detected pressure using a value or color).
Ueki communicates information redundantly to a user so that it will be easier to recognize. One would be motivated to modify Reasoner’s claims with Ueki’s colored image to more reliably communicate pressure information and warnings to the user. A skilled artisan would have been able to modify Reasoner’s claims with Ueki’s colored image by configuring Reasoner’s processor to send colored images to the display, along with the other information shown on the display. Therefore, it would have been obvious to modify Reasoner’s claims with Ueki’s colored image in order to communicate pressure information more reliably.
Claims 21 and 26 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-3, 6 and 11 of MacLachlan ‘807; Brian J. et al. (US 11452807 B2).
Regarding pending claim 21, MacLachlan ‘807 claims substantially all limitations in patented claims 1-3, 6 and 11, namely a waste collection unit configured to operate (claim 1. A waste collection unit for collecting medical waste through a suction line);
including a waste canister, a manifold receiver, a suction pump, a vacuum regulator (claim 1, a canister for receiving the medical waste; a manifold receiver comprising an opening … a suction pump configured to draw a vacuum on said fluid communication path; a vacuum regulator configured to regulate the vacuum draw on said fluid communication path);
a vacuum sensor (claim 3, further comprising a pressure sensor coupled to said canister and said processor);
a display panel, a light assembly separate from the display panel, and a processor (claim 1, a light assembly positioned near said opening of said manifold receiver and comprising a first light and a second light; claim 11, said waste collection unit further comprising a display panel supported on said mobile rover and separate from said light assembly);
the method comprising: receiving a manifold within the manifold receiver to establish fluid communication between the manifold and the waste canister (claim 1, a manifold receiver comprising an opening in fluid communication with said canister, said opening configured to removably receive a manifold);
drawing with the suction pump a vacuum on the waste canister (claim 1, a suction pump configured to draw a vacuum on said fluid communication path);
measuring with the vacuum sensor a vacuum level of the vacuum drawn on the waste canister (claim 3, further comprising a pressure sensor coupled to said canister and said processor);
receiving with the processor a vacuum level signal from the vacuum sensor that is indicative of the measured vacuum level (claim 3, said processor is configured to control said light assembly based on a commanded or measured level of the vacuum draw as measured by said pressure sensor); and
operating with the processor the light assembly positioned adjacent the manifold receiver to selectively emit light of a color based on the commanded vacuum level (claim 6, wherein said processor is configured to control said light assembly to emit a first color of light based on a first commanded or measured level of the vacuum draw).
MacLachlan ‘807 does not explicitly claim a method of operating a waste collection unit. However, MacLachlan ‘807’s claims describe how the waste collection unit operates during routine use in patented claims 1-3, 6 and 11.
Regarding pending claim 26, MacLachlan ‘807 claims that the light assembly includes a first light, and a second light separate from the first light, the method further comprising: emitting the light of the color with the first light; and directing additional light towards the manifold with the second light (claim 1, a light assembly positioned near said opening of said manifold receiver and comprising a first light and a second light, said light assembly arranged to direct said first light towards the manifold when the manifold is removably received in said manifold receiver, and to direct said second light arcuately around said opening of said manifold receiver).
Claim 35 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-3, 6 and 11 of MacLachlan ‘807; Brian J. et al. (US 11452807 B2) in view of Ueki; Masaru et al. (US 20140336453 A1).
Regarding pending claim 35, MacLachlan ‘807 claims substantially all limitations in patented claims 1-3, 6 and 11, namely a waste collection unit configured to operate (claim 1. A waste collection unit for collecting medical waste through a suction line);
including a waste canister (claim 1, a canister for receiving the medical waste);
a pressure sensor (claim 3, further comprising a pressure sensor coupled to said canister and said processor);
a suction pump (claim 1, a suction pump configured to draw a vacuum on said fluid communication path);
a display panel, a light assembly separate from the display panel, and a processor (claim 1, a light assembly positioned near said opening of said manifold receiver and comprising a first light and a second light; claim 11, said waste collection unit further comprising a display panel supported on said mobile rover and separate from said light assembly);
the method comprising: drawing with the suction pump a vacuum on the waste canister (claim 1, a suction pump configured to draw a vacuum on said fluid communication path);
measuring with the pressure sensor a vacuum level on the waste canister (claim 3, further comprising a pressure sensor coupled to said canister and said processor);
receiving with the processor a vacuum level signal from the pressure sensor that is indicative of the measured vacuum level (claim 3, further comprising a pressure sensor coupled to said canister and said processor); and
operating with the processor the light assembly to selectively emit light of a color based on a commanded vacuum level (claim 6, wherein said processor is configured to control said light assembly to emit a first color of light based on a first commanded or measured level of the vacuum draw).
MacLachlan ‘807 does not explicitly claim a method of operating a waste collection unit. However, MacLachlan ‘807’s claims describe how the waste collection unit operates during routine use in patented claims 1-3, 6 and 11.
MacLachlan ‘807 does not explicitly claim a steps of receiving on the display panel an input of a commanded vacuum level or displaying a colored image on the display panel indicative of a commanded vacuum level.
Ueki discloses a pressure sensor mounted on an endoscope (¶ [0001], [0007], [0046] FIG. 1 shows an endoscope device 1 … The insertion unit 9 has a pressure sensitive unit 15);
comprising a display panel configured to display a colored image indicative of a commanded vacuum level (¶ [0046], a monitor 7; ¶ [0066], Examples of the alarm display method include a change in the color or luminance of the screen and display of characters or symbols on the screen … or real-time display of the detected pressure using a value or color).
Ueki communicates information redundantly to a user so that it will be easier to recognize. Therefore, it would have been obvious to modify MacLachlan ‘807’s claims with Ueki’s colored image in order to communicate pressure information more reliably.
Claims 21-37 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-19 of MacLachlan ‘199; Brian J. et al. (US 12280199 B2).
Regarding pending claim 21, MacLachlan ‘199 claims substantially all limitations in patented claims 1, 18 and 19.
Regarding the step of operating with the processor the light assembly positioned adjacent the manifold receiver to selectively emit light of a color based on the commanded vacuum level, MacLachlan ‘199 operates the light assembly according to a commanded vacuum level (claim 18, operating with the processor the light assembly adjacent the at least one manifold receiver corresponding to the at least one waste canister in which the vacuum is being drawn to selectively emit light to emit light at different colors or different patterns based on the operating state of the waste collection unit; claim 19, wherein the monitored operating state is selected from the group consisting of measured level of the vacuum, commanded level of the vacuum, and volume of waste).
Regarding pending claim 35, MacLachlan ‘199 claims substantially all limitations in patented claims 15, 18 and 19.
Regarding the step of operating with the processor the light assembly to selectively emit light of a color based on a commanded vacuum level, MacLachlan ‘199 operates the light assembly according to a commanded vacuum level (claim 18, operating with the processor the light assembly adjacent the at least one manifold receiver corresponding to the at least one waste canister in which the vacuum is being drawn to selectively emit light to emit light at different colors or different patterns based on the operating state of the waste collection unit; claim 19, wherein the monitored operating state is selected from the group consisting of measured level of the vacuum, commanded level of the vacuum, and volume of waste).
Regarding pending claims 22-34 and 36-37, MacLachlan ‘199 claims all limitations in patented claims 1-19 as shown in table 1.
Table 1: MacLachlan ‘199 double patenting
Pending claim
MacLachlan '199
Pending claim
MacLachlan '199
Pending claim
MacLachlan
'199
22
1, 2, 18, 19
27
1, 7, 18, 19
32
1, 11, 12, 18, 19
23
1, 3, 18, 19
28
1, 7, 8, 18, 19
33
1, 11, 13, 18, 19
24
1, 3, 4, 18, 19
29
1, 7, 8, 9, 18, 19
34
1, 14, 18, 19
25
1, 3, 5, 18, 19
30
1, 10, 18, 19
36
15, 16, 18, 19
26
1, 6, 18, 19
31
1, 11, 18, 19
37
15, 16, 17, 18, 19
Conclusion
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/Adam Marcetich/
Primary Examiner, Art Unit 3781
Prosecution Insights